As a listing agent, if you receive an offer with conventional loan financing and this addendum is missing, then can you assume the buyer has waived their right to terminate due to the appraisal? ]B`!/\,lnq \TJTc.?a4v'leX;n)'}JN$Xj_dU+F \` This is $50,000.00 over the listed amount. The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. PARTIAL WAIVER3. How much will my fixed rate mortgage payment be? Here are two scenarios: Choosing Partial Waiver does not set an upper limit on the amount buyers will have to pay over the appraisal amount. 89 0 obj <> endobj The saying cash is king is because A) you don't have to worry about the loan approval contingency, B) they typically can close faster, and C) you don't have to worry about the appraisal contingency. After final negotiation amendment being executed on Feb 15 with new price , Do Not put in special provisions. 9.63 TL When a buyer agrees to purchase at a price above the appraised value, a suit for damages becomes much more attractive to the seller. Many new agents wonder if social media works. HD~b. W I am representing a buyer who is working with cash but has certain guidelines. Only real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS may call themselves REALTORS. 1 1 8.4009 8.5267 re She sold her home to cash buyer in 4 days and is waiting to close Does this apply if a male purchases the property? The buyers must bring additional cash to close if the lender reduces the loan, just as in the above choice. Sorry, we are unable to send your message at the moment. You can learn how to determine the effective date here: https://www.texasrealestate.com/members/legal-and-ethics/resources/legal-faq/effective-date/. It sounds like the listing agent knows the house will not appraise at the list price. If your cash buyer is requiring an appraisal, then just put a longer option period. Performance & security by Cloudflare. Then they can back out using paragraph 2(b). They may not realize as a cash deal, appraisals are not required. If your clients paying cash, no need appraiser and not to on third party finance as well as special provision, but you can ask them for Option period and cancelled on that time. What is their potential loss? However, this result is achievable, but it requires a mathematical calculation. However, in this case, there are a couple of items to determine how this PARTIAL WAIVER will work. Applicability of the legal principles discussed in this material may differ substantially in individual situations. See Features & Benefits. Share insights and experience. Rather than a waiver of appraisal, this form is more of a waiver of the loan amount that their lender is willing to make. hb``f``61 HRPP pAaEyu~00h3hxP@"B|+VU638>-j There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Cloudflare Ray ID: 7a2c21c20bc5aff3 Contrary to all other responses, a cash buyer has every right to an appraisal and a right not to overpay. Follow our simple actions to get your Appraisal Addendum Form well prepared rapidly: Select the web sample from the library. Under the Third Party Financing Addendum, the buyers right to terminate only applies if the lender determines that the property does not meet the lenders underwriting requirements. Our licensed brokers and real estate agents have helped Houston buy and sell homes for over 20 years. It says she has an additional right and her right to. This means the lender is only going to be willing to lend $525,000.00. Free RSVP & Details (Eventbrite Link), Buy | Sell | About | Agents | Contact. This video will explain the TREC Addendum Concerning Right To Terminate Due To Lender's Appraisal. THEN WHY does : THIRD PARTY FINANCING ADDENDUM. Cavazos Realty International is a locally-owned, Houston real estate agency with Spanish speaking and bilingual realtors. Addendum Concerning Right to Terminate Due to Lender's Appraisal Form [PDF] Previous. The Texas Real Estate Commission (TREC) Addendum Concerning Right to Terminate Due to Lender's Appraisal is used to modify the base TREC contract regarding contract termination rights based upon the appraised value of the purchased property. Earnest money + option fee? You have been successfully signed up. a. Lets say the seller has added the correct figure in the space provided in (ii) of $525,000.00, then both of the items can play a part in this where (i) states the appraisal value did not meet the lenders value of $550,000.00, however the buyer put in $525,000.00 so now the buyer is still obligated to buy the home provided they bring the cash difference of $25,000.00 to closing to make up the difference. June 01, 2021 The Addendum Concerning Right to Terminate Due to Lender's Appraisal is not necessary if your clients are not interested in modifying their right to terminate due to the lender's appraisal under the Third Party Financing Addendum . 1717 N Loop 1604 E Understanding how to complete this confusing document can be a tough challenge. Thank you for contacting us, we'll get back to you shortly. This form has three options, two of which waive or partially waive the right of the buyer to terminate . Your IP: If the lender reduces the amount of the loan because of the low appraisal, the buyers must cover the difference between the loan and the sales price by bringing additional cash to close. If the lender reduces the amount of the loan because of the low appraisal, the buyer must cover the difference between the loan and the sales price by bringing additional cash to close. How long will it take to pay off my credit card? The Addendum Concerning Right to Terminate Due to Lender's Appraisal is a document created to help buyers in TX work around the challenges created when there is a difference between the agreed upon contract price and the value that is acquired by the lenders appraiser. endstream endobj 97 0 obj <>/Subtype/Form/Type/XObject>>stream However, when Additional Right to Terminate is selected in the Addendum Concerning Right to Terminate Due to Lenders Appraisal, buyers have the right to terminate if the appraisal falls below the amount filled in line 3(i), regardless of the lenders requirements, provided that the buyers deliver a copy of the appraisal to the sellers along with notice of termination within the number of days listed in Paragraph 3. 0 0 Td Closings Im assuming you are getting an inspection done as well. Weve also added a direct link to the Texas Real Estate Commission (TREC) website where you can download the form. Assume a sales price of $500,000 with an 80% loan of $400,000 and a down payment of $100,000. Or maybe they are using something that requires an appraisal & if that is the case I would want further clarification of any other stipulations. If you dont have a Realtor, please reach out to us and we can definitely help you! I would advise you to get with your broker. Contact us today to learn more! a. As far as the purchaser having certain conditions that must be met and prior to the purchase, indeed I agree with a few of the other responses in that a longer option period may be the best option for these conditions to be clear before having this purchaser bound to a contract awaiting an appraisal. 1701 Kinwest Parkway This form should only be used if the Third Party Financing addendum is being used and it cannot be used on FHA or VA loans. How much will my adjustable rate mortgage payments be? Ask for a 14 day Option period. Buyer Approval will be deemed to have been obtained when (i) the terms of the loan(s) described above are available and (ii) lender determines that Buyer has satisfied all of lender's requirements related to Buyer's assets, income and . Addendum Form. In terms of number of days it should be enough days for the lenderRead more . The third option, entitled Additional Right to Terminate provides the most protection for the buyer. The way the Third Party Financing addendum is written n=only protect buyers using VA and FHA loans. BT However, under this choice, the parties can agree on a limit of how low the appraisal can be when the waiver applies. A CONVENTIONAL FINANCING. This means the buyers could terminate under Paragraphs 2A and 2B of theThird Party Financing Addendumand this paragraph of the Addendum Concerning Right toTerminate Due to Lenders Appraisal. By interacting with any of our blog posts, you agree to comply with the following terms and conditions: Texas REALTORS, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions. Texas REALTORS provides content through various online platforms, including this blog. 0.749023 g Try our new tool that lets you compare home values instantly from leading sources. Copyright 2023. endstream endobj 96 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Further assume the buyers have an additional $10,000 in cash which they are willing to invest to acquire the home if it does not appraise for the sales price. (2) PARTIAL WAIVER. Click to reveal Lesson 2 endstream endobj 95 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Applicability of the legal principles discussed in this material may differ substantially in individual situations. The Addendum Concerning Right to Terminate Due to Lenders Appraisal (TXR 1948, TREC 49-1) is to be used only when the Third-Party Financing Addendum (TXR 1901, TREC 40-9) is used. /ZaDb 10 Tf Yes. You might be surprised to learn how much you could earn compared to your current Broker. Find a Local Expert Real Estate Agent in your Area. 1. I think the best way to approach this would be to have an attorney draft an Addendum Concerning Right to Terminate. If your client selects this choice, she has an additional right to terminate the contract due to the appraisal that is separate from her right to terminate under the Third-Party Financing Addendum. In this video, Jason walks through TREC Form 49-1 - Addendum Concerning the Right to Terminate Due to Lender's AppraisalFor more information about this form . Contract executed on Feb 05, Included 3rd p add and appraisal addendum marked # 3 with 30 days. Understanding / or Not!! The Addendum Concerning Right to Terminate Due to Lender's Appraisal (TXR 1948, TREC 49-1) has three options that can change a buyer's ability to terminate the sales contract because of an appraisal.Rememberthe addendum is used only with the Third Party Financing Addendum (TXR 1901, TREC 40-9) and not used in transactions involving cash buyers or FHA or VA financing. I would assume this would go under special provisions as there is no other place to add this. endstream endobj 99 0 obj <>/Subtype/Form/Type/XObject>>stream As far as using special provisions for noting this condition, I would definitely check with your broker. And that's reason for cash Buyers they ask more deposit. Make sure your client carefully considers the appraisal amount she is comfortable with and selects a period under line 3 that gives the lender enough time to obtain an appraisal. /ZaDb 10 Tf endstream endobj 94 0 obj <>/Subtype/Form/Type/XObject>>stream Questions about this form? Order both as soon as the docs are executed. Not EXECUTED date contracts have executed dates, appraisals have effective dates. I think the best way to approach this would be to have an attorney draft an Addendum Concerning Right to Terminate. Here is a preview of the Addendum Concerning Right to Terminate Due to Lender's Appraisal form (2022). Irving, Texas 75063. /ZaDb 10 Tf This addendum gives buyers an opportunity to offer additional money above appraised value but still limit the risk of the buyer. Related Terms: RPR (realtor property resource) is a great CMA tool. Start your real estate search the right way by finding the best agent to work with in your area. Third Option. This form has three options, two of which waive or partially waive the right of the buyer to terminate based on the appraised value of the property and one which gives the buyer the right to terminate if the property appraises for less than a specified amount. The buyers must bring additional cash to close if the lender reduces the loan, just as in the above choice. Buyer made has an effective contract on new construction home with contingency of sale of her home within 90 days. I wouldnt think so; the buyer still can bail out under paragraph 2(b) of the third party financing addendum if the property doesnt make value (appraise for the sales price), just like they have been able to for years.. With all due respect, that is not correct. This addendum is not required or necessary if your client is not interested in modifying her right to terminate due to the lenders appraisal. This document was created to help with what happens when there is a difference between the agreed upon contracted price between buyer and seller and then the figure that comes into play when the buyers lender sends and appraiser out to the property to do an appraisal of value on the home so the lender is not lending more money than the home is actually worth (in the appraisers professional opinion). Can she force sale of new construction at appraised value ? Once the document has been agreed to by both parties, then it is signed by both as an addendum to the contract and presented along with the executed contract to the title company. That's plenty of time to get an appraisal back. Under theThird Party Financing Addendum, the buyers right to terminate only applies if the lender determines that the property does not meet the lenders underwriting requirements. If your client selects this choice on the Addendum Concerning Right to Terminate Due to Lenders Appraisal, she waives this right to terminate regardless of how far the appraisal is below the sales price. It is not to be used in transactions involving FHA or VA financing or with cash buyers. This is correct IF the lower appraisal value would prevent them from qualifying for their loan. Texas REALTORS is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients. If the lender reduces the amount of the loan because of the low appraisal, the buyers must cover the difference between the loan and the sales price by bringing additional cash to close. Rememberthe addendum is used only with the Third Party Financing Addendum (TXR 1901, TREC 40-9) and not used in transactions involving cash buyers or FHA or VA financing. Start with: You however doing comps should be able to tell her the true value of the home for free. Choosing Partial Waiver does not set an upper limit on the amount buyers will have to pay over the appraisal amount. Second Option. Addendum Concerning Right to Terminate Due to Lenders Appraisal states to use this form only if using third party financing addendum, so can I put it in special provisions? Make sure your client understands the financial consequences. What happens if your buyer signs for the full appraisal on the addendum but then cannot honor the difference amount? We've also added a direct link to the Texas Real Estate Commission (TREC) website where you can download the form. Enhance your real estate experience with HAR App. by Hancock, McGill & Bleau | Mar 7, 2022 | Buying Real Estate, Leasing, Listing Real Estate, Real Estate. endstream endobj 98 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream This is less than the agreed upon contracted price on the contract. The inspection will be fast. ADDENDUM CONCERNING RIGHT TO TERMINATE DUE TO LENDER'S APPRAISAL Box 1. The first option, entitled Waiver waives the right of the buyer to terminate the contract if the lender determines that the appraised value does not meet its underwriting requirements. Good luck! Texas Real Estate Commission Consumer Protection Notice, Texas Real Estate Commission Information About Brokerage Services. By using the formula Sales Price (Additional Cash/LTV%) = Paragraph 2(ii) minimum appraised value a buyer can calculate the minimum appraised value required to limit the cash required to close. The intuitive drag&drop user interface makes it easy to add or move fields. I would get with your broker to properly add in those terms with a protection for the buyer if it doesnt appraise into the contract. Definitely run a detailed CMA and if your client lives in the area I would recommend driving by each comparable so he / she feels more at ease with proposed price. A buyer must carefully assess the risks before waiving the right to terminate based on the appraised value. /Tx BMC endstream endobj 93 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream If your adding a finance contingency then what is the purpose of taking the cash deal over a conventional deal for say? *^',i@aE&@3 ,C31l^`c`9ne0 q, W Buyer has delivered a copy of the Appraisal to Seller. 0 0 10.401 9.4048 re 0.9705 1.8784 Td (4) Tj You created a team to boost your productivity and income. The selling agent for new construction is acting as intermediary and is trying to get another appraisal for higher amount. Doesn't have to be long and elaborate, just a simple form will do. https://accept.inc/blog/all-cash-offers-and-contingencies-what-you-need-to-know. Waiver Under the Third-Party Financing Addendum, the buyer has the right to terminate if a low appraisal does not satisfy the lender's underwriting requirements for the property. endstream endobj 100 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 0.749023 g The Third Party Financing Addendum permits a buyer to cancel the contract up to 3 days prior to closing if the property does not appraise for the sales price. %PDF-1.6 % 216 0 obj <>stream 2023 Cavazos Realty International. Read the contract carefully and you will find it. Last year TREC promulgated a new form that allows a buyer to alter the existing Third Party Financing Addendum. Can the appraisal contingency be added to a new construction home? If the appraisal is lower than the amount in 2(ii), the waiver does not apply and the buyer may still exercise her right to terminate under the Third-Party Financing Addendum. September 09, 2020 | Texas REALTORS Staff. Esp cause the builder is dropping prices on the homes? I have same situation and need a response. If the buyer has put in the value of $550,000.00, then anything below the value in the blank is determined not acceptable and the buyer can terminate the contract and get their earnest money back provided they provide the sellers a copy of the lenders appraisal and have done all of this within the time aloud in the first blank. Price is increased by the amount the loan is reduced due to the appraisal. When buying with cash there is no appraisal and thats why there is no form for it. c. You will not post content or take any action on our blog posts that infringes someone elses rights or otherwise violates the law. In the TPA it states that the buyer would still have the right to proceed with the purchase if the appraisal comes in lower than contract price. If not, they will look at other offers. Shouldnt this be they have an additional right and their right to terminate Gender netural referances! If you are in the market to purchase a home, theres a lot of competition right now since we are still in a sellers market. What are the factors that determine whether an item stays with the house? recall issues & use of the Addendum Concerning Right to Terminate Due to Lender's Appraisal form, and Understand the limited role of the license holder when it comes to escalation clauses and the importance of the client consulting with his or her attorney in the drafting of escalation clause language. (1) WAIVER. Option 3 says, _____ days from the effective date. EMC If, at any time until the 3rd day before closing, the property does not meet the lender's requirements, including appraisal, insurability, and lender required repairs, the buyer may terminate the transaction. H-9.yV&`!/|(X.3*CJ`W~` The special provisions section of the TREC contract is not the appropriate place for license holders to insert provisions that have legal implications or materially amend the contract terms. If the appraisal is equal to or greater than the amount written in line 2(ii), the waiver applies and the buyers cannot terminate. WAIVER2. Call us for a complimentary consultation or schedule time at your convenience. Make sure everything is filled in properly, with no typos or lacking blocks. Here are tips to make your team even more successful. q`]&]R:0Oz28&0 )h How did you end up handling this. Regarding #3 optionremember the main thin is that option 3 is in addition to the termination rights provided for in the 3rd party financing addendum. endstream endobj 90 0 obj <>/Metadata 4 0 R/PageLabels 86 0 R/Pages 87 0 R/StructTreeRoot 10 0 R/Type/Catalog>> endobj 91 0 obj <>/MediaBox[0 0 612 792]/Parent 87 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/W/Type/Page>> endobj 92 0 obj <>/Subtype/Form/Type/XObject>>stream Questions about this form? 0.9705 1.3175 Td In this video, Jason goes over TREC Form 49-1 - Addendum Concerning Right to Terminate Due to Lender's Appraisal and how Texas real estate agents can incorporate the use of the form into their transaction (s). Buyers are having to submit offers to beat out the competition. I think it will be better than using space in Special . The Addendum Concerning Right To Terminate Due To Lender's Appraisal offers three different options with two being extremely favorable to the seller. f You can email the site owner to let them know you were blocked. How To Waive an Appraisal. Which date will be considered as effective date Feb 05 or Feb 15 to count 30 days for the appraisal addendum, in case termination require. 49-1. Then make your option period that long plus a few days. First and foremost, the document is not one that is used in all cases. A buyer should understand the risks assumed before using this addendum. Find real estate questions & answers. (4) Tj Using the example above $500,000 ($10,000/80%) = $487,500 as the minimum appraised value needed to limit the cash investment to $110,000 assuming the lender will loan 80% of the appraised value of $487,500. They offered quite a bit over list price willing to pay that over sales price. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and. This website is using a security service to protect itself from online attacks. However, under this choice, the parties can agree on a limit of how low the appraisal can be when the waiver applies. Make sure your clients consider the appraisal amount they are comfortable with and select a time period that gives the lender enough time to obtain an appraisal. There are three basic (I had to laugh out loud a little bit when I wrote basic) parts to this addendum:1. Federally insured and guaranteed loans its not an option on these type of loans. San Antonio, TX 78232. That is correct. Keller Williams Heritage along with appraisal addendum marked #3 with 30 days If by working with cash you mean that it is a cash offer, an appraisal is not required, because there would be no Lender. If the lender fails to order an appraisal in a timely manner and cannot close on time, does this give the buyers the right to terminate under (2b) for not meeting the underwriting requirements? However, whenAdditional Right to Terminateis selected in theAddendum Concerning Right to Terminate Due to Lenders Appraisal, buyers have the right to terminate if the appraisal falls below the amount filled in line 3(i), regardless of the lenders requirements, provided that the buyers deliver a copy of the appraisal to the sellers along with notice of termination within the number of days listed in Paragraph 3. Under the Third Party Financing Addendum, the buyers have the right to terminate if the lender determines the property does not meet underwriting requirements due to a low appraisal. q You can call the appraiser ahead of time to see how much time they need. Addendum Concerning Right to Terminate Due to Lender's Appraisal Form [PDF], 4721 N Main St, Suite G, Houston, TX 77009, Texas Real Estate Commission (TREC) website, 3 Structural Things to Review for Before Buying a Home in Houston, Average Housing Prices Inner Loop Houston, Foundation Tips for Home Buyers with Brandon Hoge, Houston Housing Zip Code Comparison 77009, 77008, 77018 [Video], 10 Best Tips to Sell Your Home in Houston, Why Get Professional Videography in Real Estate. One of the strategies we use is to submit a form titled Addendum Concerning Right to Terminate Due to Lenders Appraisal. The new Addendum Concerning Right to Terminate Due to Lender's Appraisal can be used to eliminate this cancellation . Usually the reason for cash is king is no financing contingency and that is why sellers choose cash over financing usually. Can you clarify this form? Of the three options, this option creates the most risk for a buyer. #2 PARTIAL WAIVER ( I call this on the MAYBE WAIVER ) When the appraiser went out to this property, he/she determined the value of the home to be $525,000.00. Addendum Concerning Right to Terminate Due to Lenders Appraisal | TREC Form No. The Addendum Concerning Right to Terminate Due to Lender's Appraisal Form #49-1 Buyer waives Buyer's right to terminate the contract under Paragraph 2B of the Third Party Financing Addendum if Property Approval is not obtained because the opinion of value in the appraisal does not satisfy lender's underwriting requirements. 1 1 8.401 7.4048 re Contrary to all other responses, a cash buyer has every right to an appraisal and a right not to overpay. This page will refresh momentarily. Q. Here is a preview of the Addendum Concerning Right to Terminate Due to Lenders Appraisal form (2022). q The second option, entitled Partial Waiver can protect a buyer by limiting the additional cash required for the purchase. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon. Your client should carefully choose the amount for the space in 2(ii). While Texas REALTORS has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. If the appraisal is equal to or greater than the amount written in line 2(ii), the waiver applies and the buyer cannot terminate. Q It simply governs the appraisal amount upon which the buyer gives up the right to terminate. All REALTORS must subscribe to NARs strict Code of Ethics, which is based on honesty, professionalism and the protection of the public. The Addendum Concerning Right to Terminate Due to Lenders Appraisal (TXR 1948, TREC 49-1) has three options that can change a buyers ability to terminate the sales contract because of an appraisal. f 0 Texas REALTORS is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients. Texas REALTORS provides content through various online platforms, including this blog. this additional option is specific to the an appraisal amount that falls below the amount provided in 3(i) of the 3rd party Financing Addendum. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon. Enter all necessary information in the required fillable fields. If you are using a builders purchase agreement (contract) and the buyer is using a conventional loan, in my experience the builders contract doesnt protect the buyer from a low appraised value and the buyer needs to come up with the money. Buyer waives Buyers right to terminate the contract under Paragraph 2B of theThird Party Financing Addendum if Property Approval is not obtained because the opinion of value in the appraisal does not satisfy lenders underwriting requirements. n .. I would ask for further clarification from your client as to why an appraisal is required. 0 0 10.4009 10.5267 re If the appraisal is lower than the amount in 2(ii), the waiver does not apply and the buyers may still exercise their right to terminate under the. Interested in joining a 100% commission real estate brokerage? Then seller agent came back and said her client is expecting full appraisal on the addendum. hbbd```b``s@$:d&%%0& `0y CBHU` 6*I"`w`2D)0H2&>"K V3bo`R 7DLef?@ %30um 0 u If the appraisal of the property is too low for Buyer's initial loan as set forth in the contract, the buyer must produce additional cash (equity) at closing to close the purchase at the sales price listed in the contract. By interacting with any of our blog posts, you agree to comply with the following terms and conditions: Texas REALTORS, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions. If your clients checkPartial Waiver, they are also giving up the right to terminate if the appraisal does not meet the lenders underwriting requirements. Hi Herma. Consider this example. Get answers, ask questions and more. Ask your Broker is BEST. Buyer waives Buyers right to terminate the contract under Paragraph 2B of the Third Party Financing Addendum if:(i) Property Approval is not obtained because the opinion of value in the appraisal does not satisfy lenders underwriting requirements; and(ii) the opinion of value is $________________ or more.If the lender reduces the amount of the loan due to the opinion of value, the cash portion of Sales Price is increased by the amount the loan is reduced due to the appraisal.
explain addendum concerning right to terminate due to lender's appraisal
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